Alabama Injury Attorneys Blog

You can sustain an injury doing almost anything. But when you suffer an injury because of someone else, how do you prove that they are at fault?

One of the key components to proving certain types of Tuscaloosa personal injury cases is providing expert witness testimony. The law governing expert witness testimony is complex.

Federal Rule of Evidence (FRE) 702 governs the admissibility of expert witness testimony in federal court i.e. necessary qualifications of an expert witness, requirement that expert's testimony be based on reliable principles and methods.

In Newell Rubbermaid v. Raymond Corp. a federal appeals court addressed, among other things, the admissibility of expert witness testimony.

This case arose where Hashman (Victim) was working in a factory for Newell Rubbermaid, Inc. (Newell or Employer). The victim was required to use a Dockstocker forklift which was manufactured by Raymond (Manufacturer). As part of the design of this forklift, the rear of the machine had no guard door to protect the operator.

The following is the Court's description of the accident:

Before beginning her shift on December 23, 2004, Hasman completed the required safety check and found nothing wrong with Dockstocker. Later that day, while driving toward a 'robot cage' with the operator compartment facing forward, Hashman attempted to brake by 'plugging' the forklift; i.e. manually reversing the direction in which the forklift was traveling. But the Dockstocker did not immediately stop. Hashman testified in her deposition that she 'got scared' and 'stepped off' the Dockstocker, but other evidence in the record suggests that Hashman instead lost her balance and slipped out of the operator compartment. In any event, Hashman's left foot became trapped between the forklift and the robot cage, causing serious injuries that ultimately resulted in partial amputation.

The victim (Hashman) sued her employer as part of a workers' compensation claim. After the proceedings were complete, the employer then filed a subrogation action against the manufacturer of the Dockstocker forklift under a theory that it had a defective design. The employer alleged that the victim's (Hashman) foot would not have left the operator compartment had the manufacturer equipped the Dockstocker forklift with a rear guard door.

In order to prove a case for defective design, the moving party must generally provide expert witness testimony. Because of this requirement, the employer sought the testimony of a forensic engineer named Railsback (expert).

The manufacturer claimed that there was no defect in the design of the forklift, and countered the expert's experience, training, and contentions.

The court looked to the law governing the admissibility of expert witness testimony. Although there is no definitive checklist or test to determine whether an expert witness meets the requirements of Rule 702, the United Supreme Court in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) provided a number of factors that typically 'bear on the inquiry'. These factors include whether the theory or technique proposed by the expert witness can be tested, whether the theory or technique has been subject to peer review and whether the theory or technique has gained general acceptance in the field. Simply put, an expert witness' theory or technique must be based upon reliable scientific methods.

The court found that the expert's testimony was not admissible because his methods were not scientifically sound. In reaching this decision, the court noted that the expert used anecdotal evidence in support of his theory without questioning or verifying the data and the expert did not actually test his alternative designs.

Because the employer failed to provide the court with admissible expert testimony of a design defect, the court awarded summary judgment in favor of the manufacturer, dismissing the employer's case.

While this case was filed in the United States District Court for the Northern District of Ohio, the rules governing the admissibility of expert testimony in cases currently being filed in Alabama State Courts are very similar. As a result, this case is helpful in analyzing the admissibility of expert witness testimony.

Continue reading "Alabama Personal Injury Expert Testimony and a Look at Newell Rubbermaid v. Raymond Corp. " »

When you are injured because of the fault of someone else, establishing liability can be complicated. Our Tuscaloosa injury attorneys understand that the law is complex, and we can help defend your rights in the wake of a serious or fatal accident.

Dubiel v. Montana Department of Transportation is a case that examines the plaintiff's burden of proof in injury cases based on negligence. This case is important because it shows the importance of expert testimony in Tuscaloosa injury cases.

Jerome Dubiel was traveling on a highway in Montana during a time of extremely high winds. These winds persisted for two hours causing trees to be blown down and scatter on the road. There were several employees from the Montana Department of Transportation ("MDT") within the area assessing road conditions, working on the power lines, as well as removing trees from the roads.

Jerome was temporarily stopped by an employee of the MDT who was clearing debris from the highway, when a tree fell onto Jerome's car causing him to suffer a fatal injury. Subsequently, the MDT closed the highway due to weather and road conditions. However, the MDT contends that they did not know of Jerome's accident when they decided to close the highway.

Plaintiff sued the MDT with cause of action's for negligence and wrongful death. Jerome's wife Keevy ("Plaintiff") claimed that the MDT acted negligently when it failed to close the highway before Jerome's death, and therefore they were responsible.

When suing under a theory of negligence, the plaintiff has the burden of proving that there was a specific standard of care for which the defendant breached. When dealing with a negligence claim there are four different components to be taken into account. The plaintiff must prove that the defendant had a specific duty of care, that duty was breached, the breach was the proximate cause of the injury to the plaintiff, and that there were damages. When the plaintiff is unable to prove any of these four elements, the plaintiff's claim fails.

An integral component in proving negligence claims is having witnesses who can support your contentions. In this case, the defendants provided an expert who submitted an affidavit discussing road closing policies and procedures. This expert explained that there are several factors to be considered when dealing with road closures and they include public safety, safety of the employees of the department of transportation, traffic flows, alternate routes and the nature of the weather conditions. After analyzing these components and looking through the MDT records, the expert found that the MDT acted timely and responsibly in assessing the situation on the day of Jerome's death.

Usually in injury cases like this, the plaintiff also provides expert testimony to meet her burden of proof and provide technical expertise. Plaintiff needed to show what was required of MDT in this situation. For instance, the degree of prudence, attention and caution that the Defendant was required to exude in the weather conditions that were present on that day. In the case at hand, the Plaintiff did not provide an expert to establish the standard that MDT was required to meet under the pending circumstances.

Because Plaintiff failed to provide this information, the state Supreme Court granted summary judgment on behalf of MDT. This was done because the court found that the plaintiff failed to present substantial evidence in support of her claims.

When you are involved in a lawsuit, it can be very challenging to decipher what your obligations are. That is why it is important to have an experienced attorney who is dedicated to your case, ensuring that your rights are protected, so that you can take time to concentrate on your health.

Now, that the holidays are over it's a good time to make sure children's toys are not dangerous and do not cause child injury in Alabama and elsewhere. Be sure to check out the latest recall list from the U.S. Consumer Product Safety Commission to make sure none of your Christmas presents are dangerous.

Our Alabama personal injury attorneys are here to offer you these latest child items on the recall list. Be sure to check this list now and to check it periodically throughout the year to make sure that you and your family are safe from any hazardous consumer products. Many common household items and children's toys can be found on the recall list. Stay informed to help prevent injury in your home.

Land of Nod Recalls Bed Frames:

Nearly 2,000 Land of Nod Bed Frames have been recalled by Blake Bed Frames. Allegedly, the child's torso can get dislodged in the gap between the footboard's top rail and the mattress. This can cause an entrapment hazard. One report of these incidents has already been reported. Blake model bed frames fall under this recall. They were sold in both full- and twin-sized beds. The words "The Land of Nod" and "Blake" can be found on the bar code sticker on the bed. The beds were sold from The Land of Nod stores in both in Washington and in Illinois. They were also sold on the website from September 2009 through October 2011. If you have one of these beds, call The Land of Nod at (800) 933-9904.

Bicycle Helmets for Children Recalled by Triple Eight:

Nearly 30,500 helmets are being recalled from the Triple Eight Distribution, Inc. After thorough testing, these helmets have fallen short of complying with the CPSC safety standards for impact resistance. These helmets may not protect riders. These helmets were the multi-purpose helmets also sold to be used as bicycle helmets. The helmets that were sold for children are called the "Little Tricky" helmets. They have a logo located on each side of the helmet and come in one size only. Only Triple Eight and Sector 9 s "S/M" helmets are affected. They were sold at a number of biking and sporting stores from August of 2006 to November of 2011. If you have one of these helmets, contact Triple Eight at (888) 548-8518 for a refund.

Children's Chairs and Stools Recalled by Elegant Gifts Mart:

Nearly 3,000 Children's Chairs and Stools are being recalled by Elegant Gifts Mart Inc. The chairs and stools are painted with yellow paint that has excessively high levels of lead. This amount of lead is prohibited under federal law. The items under this recall have the following numbers printed underneath either the chair's seat or the stool's seat: "JCA8036" or "JCA8037". The items were sold at 1 to Seven stores from September of 2010 until June of 2011. If you have one of these items, contact any 1 to Seven store or Elegant Gifts Mart for a full refund.

Continue reading "Check the CPSC Recall List Often to Avoid Child Injury in Alabama in 2012" »

All states should ban the use of cell phones and other portable electronic devices, recommends the National Transportation Safety Board (NTSB). During a meeting this month, NTSB officials suggested that all electronic devices should be illegal for all drivers. The meeting was held to discuss the 2010 distracted-driving accident that happened in Gray Summit, Missouri, in which two people were killed and dozens more were injured. Investigators concluded that the driver who allegedly caused this accident was making phone calls and text messaging just seconds before the accident, according to the Montgomery Advertiser.

The NTSB doesn't have the authority to enact such laws, but its recommendations carry significant weight with congressional and state lawmakers and with federal officials. In the state of Alabama, only novice drivers are prohibited from talking on a cell phone. According to the Governors Highway Safety Association, only novice drivers are prohibited from texting behind the wheel, too. All other drivers are free to engage in whichever electronic distractions they choose. These laws are to help reduce the risks of distraction-related car accidents in Tuscaloosa and elsewhere for novice drivers but do nothing to protect older drivers and other individuals sharing our roadways.

Our Alabama car accident attorneys understand that not all states have matching texting and cell phone bans. In 35 states, drivers are prohibited from texting at the wheel. Even less states ban drivers from using a cell phone at the wheel. As laws currently stand, enforcement is difficult because officers have a tough time determining if a driver was making a phone call or typing a text message. A nationwide ban on electronic devices would make enforcement of such laws much easier as there would be no confusion as to whether or not a driver was calling or texting.

The NTSB has concluded that electronic devices would be allowed under the recommendation if they were being used to aid safe driving habits, like GPS devices, etc. The NTSB also reiterated the importance of enforcing such bans.

Regarding the Gray Summit accident, the state of Missouri had a law that prohibited drivers under the age of 21 to text while driving, but officers weren't actively enforcing it. The driver involved in that accident was underage. NTSB officials urge state officials to enact laws prohibiting the use of portable electronic devices for all drivers and couple the new laws with high-visibility enforcement efforts.

"Without the enforcement, the laws don't mean a whole lot," said NTSB board member Robert Sumwalt.

Distraction-related traffic accidents took the lives of more than 3,000 people in 2010. The National Safety Council (NSC) believes that distracted drivers caused nearly 1.5 million car crashes, or about 25 percent of all accidents, during the year. The NSC applauds the NTSB's efforts to make our roadways safer, and strongly backs the total-ban proposal.

"Making citizens safer is one of the most important roles of government," said Janet Froetscher from the NSC. "We are hopeful that legislators across the nation will recognize the value of NTSB investigations and recommendations and take the necessary actions proposed by NTSB to make our roadways safer."

Continue reading "Nationwide Ban on Portable Electronic Devices Proposed to Reduce Risks of Car Accidents in Tuscaloosa and Elsewhere" »

We expect our loved one's nursing homes to provide the best quality of care and resources available, especially through the holiday season. It is important for families to seek a home that is able to provide safety and security. Unfortunately, nursing home abuse and neglect in Alabama is an all too common occurrence.

Nursing homes have a responsibility to take the proper measures to provide a hazard-free and comfortable living environment. Accidents and forms of neglect and abuse in a nursing home can lead to long-lasting psychological, mental and physical injury and too often results in death.

Our Tuscaloosa nursing home neglect attorneys understand that owners and employees of these facilities must follow state and federal laws to ensure the safety of residents. These laws help to protect residents' safety, environment and well-being. All too often, these standards are not met and without your interactive relationship with the facilities, the dangers can go unnoticed or unreported. Be an active member in your elderly loved one's life and in their stay at a nursing home.

Some of the most important stipulations under these regulations are the following:

-Residents must be offered necessary medical care that is free of intentional or negligent error.

-Nursing home employees must recognize and exercise their duty to help residents to sustain their ability to complete daily living activities such as bathing, general recreation, eating, etc.

-Nursing home employees are required to help prevent a patient from deteriorating whenever and however possible.

-Staff members are to provide an adequate amount of hydration and additional nutrition for each resident.

Having a loved one in a nursing home can be tough, we know. Worries can intensify during the holiday season. Luckily, you can do your part to increase the safety of your family members in their nursing home. Remember to keep an eye out for a few important factors while visiting your loved ones for the holidays.

Key points to look for the choosing or checking in on someone in a nursing home:

-Does the facility have an evacuation plan? This plan needs to be practiced by everyone in the facility regularly.

-Are the facilities well maintained? You want to make sure that doors and hallways are not blocked.

-Take a look at the staff-to-patient ratio. It's important to see how many staff members are working during the "slow" hours of the day (nights, weekends and holidays). Is there always supervisory staff there on site?

-Does the home have working safety systems, such as smoke detectors, sprinklers and alternative exits?

-How does the nursing home management handle your questions regarding the safety of residents? Do they take the questions seriously and are they forthcoming with information?

Everyone needs to police the nursing home system to protect our older adults, especially during the holiday visits.

Above all, remember that nursing homes are responsible for the general well-being of your loved ones. The main component of the staff's responsibility is in their creation of a secure, safe, reliable and comfortable place to live. When facilities don't comply with state and federal regulations, it's critical for you to seek the help of an experienced and understanding nursing home abuse lawyer.

Continue reading "Tuscaloosa Nursing Home Abuse: Do your Part During Holiday Visits " »

Our Alabama child injury attorneys would like to wish you a safe and Happy Halloween. We'd also like to share some information with you to help keep the entire family safe on the 31st. There are dangers lurking on Halloween night and with just a few safety precautions, we can all have a safe Halloween.

Child injury is four times more likely to happen on Halloween than during any other night of the year. While kids look forward to suiting up in their Halloween costumes, trick-or-treating and carving pumpkins, parents worry about the real dangers of the holiday -- including pedestrian accidents.

The Shelby County Sheriff's Office and Sheriff Chris Curry have offered these safety tips to keep the little ones safe this Halloween:

-Check out the registry of sex offenders in Alabama before heading out on your trick-or-treating adventure.

-Never let young children trick-or-treat without a supervising adult.

-Never approach a house that is dimly lit or has no lights on.

-Never walk across someone's lawn.

-Make sure you child has contact information somewhere on them so that they can be helped if separated from the group.

-Instruct your children to never go into the house or into the vehicle of a stranger.

-Look both ways before crossing the street. Keep looking from left to right as you cross.

-Plan a trick-or-treating route before you head out. Choose one that has sidewalks, safe roadways and minimal vehicular traffic.

-Children's costumes should be light-colored to make them more visible to motorists.

-Be sure to put reflective tape on your child's costume or have them hold a flashlight.

-Make sure everyone's in comfortable shoes and that costumes aren't too long. Long costumes pose trip hazards. Falls are the number one cause of injury on Halloween night.

-Consider makeup instead of a mask for your child's costume. Masks can obstruct your line of vision.

-For children who are old enough to trick-or-treat alone make sure you know where they are and who they're with at all times. Make sure they have a cell phone on them for emergency purposes.

-Talk to your child about how to deal with any unwanted attention from a stranger. Teach them to yell, kick and scream.

-Make sure to feed children dinner before heading out so they're less likely to snack on candy while they're trick-or-treating.

-Make sure to look over all of your child's trick-or-treating goods to ensure there are no threatening pieces in the bunch. Toss out candy that has been opened or looks like it's been tampered with. Throw away all small pieces that may serve as choking hazards.

Drivers are also asked to be cautious on Halloween night. With children flocking to residential roadways, we ask that drivers travel slowly and cautiously. Keep an eye out for all the little ghosts and goblins. If you're dropping off a child, make sure to pull up to the curb before they exit the vehicle. Never let someone get out of your car on the road-side of the vehicle.

With cooperation from everyone we can not only make this Halloween enjoyable, but safe. From our Alabama personal injury attorneys to you and your family -- Happy Halloween!

Sources: WBRC and Medline Plus

Continue reading "Safe Halloween Tips from Our Alabama Accident Attorneys" »

The AAA Foundation for Traffic Safety recently released a report that analyzed pedestrian accidents in Alabama and elsewhere. The aim was to come up with a number of ways that officials can help reduce the risks of pedestrian accidents in communities nationwide.

Fortunately, the Alabama Department of Transportation (ALDOT) may be one step ahead of the game as it has already constructed a Bicycle and Pedestrian Plan to help reduce the risks of pedestrian accidents.

Our Alabama pedestrian accident attorneys recognize that this plan is backed by excellent intentions. But there's no decreasing the risks for these types of accidents until this plan is put into motion and motorists start to react accordingly. The plan aims to promote pedestrian safe roadways in the state and to minimize the impacts of future projects on non-motorized travelers. ALDOT also is establishing a list of recommendations for pedestrian and bicycle facilities.

These ideas are great, but much more needs to be done. Pedestrian and bicycle accidents are a real threat to public safety -- particularly in Tuscaloosa, Burimingham and other metro areas. The AAA Foundation reports identifies speed as a common cause. According to the report, there were nearly 4,100 pedestrians killed in 2009 on U.S. roadways because of traffic-related accidents. Another 59,000 pedestrians were injured in motor vehicle-related accidents during the same year.

Alabama witnessed nearly 100 pedestrian fatalities in 2009, according to the National Highway Traffic Safety Administration. From 2000 to 2009, there were nearly 1,000 pedestrians killed in our state.

Alabama's most dangerous counties (pedestrian fatalities from 2000 to 2009):

-Mobile: 138 deaths.

-Jefferson: 106 deaths.

-Madison: 59 deaths.

The faster that a vehicle is traveling, the more likely it is to inflict serious injury or death upon a pedestrian. AAA concluded that a pedestrian faces a 10 percent risk for injury when they're hit by a vehicle that is traveling at 16 mph.

Risks for Injury/Speed Traveled:

-25 percent risk/23 miles per hour.

-50 percent risk/31 miles per hour

-75 percent risk/39 miles per hour.

-90 percent risk/46 miles per hour.

Risk for Death/Speed Traveled:

-10 percent risk/23 miles per hour.

-25 percent risk/32 miles per hour.

-50 percent risk/42 miles per hour.

-75 percent risk/50 miles per hour.

-90 percent risk/58 miles per hour.

To help reduce these risks, AAA recommends that local government officials consider lowering speed limits in areas where a lot of pedestrians travel. If the speed limit cannot be lowered because of the need for fast-moving traffic, then government officials are urged to construct a physical barrier to separate pedestrian and vehicular traffic. With these few small changes, AAA expects that thousands of pedestrian lives can be saved every year.

Continue reading "ALDOT and AAA Focus on Causes and Solutions for Pedestrian Accidents in Alabama" »

Pedestrian accidents in Alabama involving children happen all too often and there's a new group of children on this high-risk list that are especially prone to these types of accidents -- children with attention-deficit/hyperactivity disorder (ADHD-C ).

Recent research, provided by the University of Alabama at Birmingham, concludes that these individuals chose to cross roads and intersections in riskier situations than other children.

"Future efforts may focus on remediating executive deficits, which may, in turn, prevent pedestrian injuries in this at-risk population," the researchers reported online ahead of the August issue of Pediatrics.

Our Birmingham pedestrian accident attorneys understand that child pedestrians are extremely vulnerable when walking, running or playing near motor vehicles. Young children often fail to understand the dangers that go with playing near traffic. Parents are urged to speak with their children about playing near streets and roadways and to supervise them at all times when playing outside.

"Children with ADHD-C seem to display appropriate curbside pedestrian behavior but fail to process perceived information adequately to permit crossing safely," said Despina Stavrinos, PhD, of the University of Alabama at Birmingham.

Throughout this University of Alabama at Birmingham study, researchers studied 78 children, ages 7 to 10, in a virtual environment. Half of the participants had ADHD-C and half had typical development. Most of the study's participants were boys.

Parents of the children with ADHD all reported at least six inattentive and six hyperactivity/impulsive symptoms on the Disruptive Behavior Rating Scale. Participants that took medications for the condition were required to stop taking it for 24 hours before the study.

Researchers examined the children's pedestrian behaviors using an interactive, virtual environment. They specifically looked at what the children did before, during and after crossing the street.

Children who had been diagnosed with ADHD-C typically chose less safe environments in which to cross than the other children.

"Crossing the street safely requires the ability to plan and to inhibit responses such as darting into the street under unsafe conditions, both abilities controlled by the executive system and shown as central impairments in children with ADHD-C," the researchers wrote.

The study did focus on preventing these dangerous incidents though. Researchers noted that it is in fact possible for parents and guardians to intervene to prevent these potentially fatal accidents.

"Pediatricians can play an important role in preventing childhood pedestrian injuries by screening for ADHD symptoms in their patients and monitoring the children who are identified as at risk to reduce later risk for injury," they wrote.

Tips for parents to protect child pedestrians:

-Never allow a child under age 10 to cross a street alone.

-Children should walk on direct routes with the fewest street crossings.

-Make sure that your child knows to cross 10 feet in front of a school bus. Make sure they never walk behind a bus and that they know to wait for adults on the same side of the street as the school bus' loading or unloading zone.

-Teach your child never to run out into a street for any reason.

-Always follow traffic signals and crosswalks.

-Make eye contact with drivers before crossing in front of them.

-Teach your child to look left, right and left again when crossing and to keep looking as they cross.

-Walk, do not run, across the street.

-Parents and kids should hold hands while crossing the street and in parking lots.

Continue reading "Children with ADHD More Likely to be Injured in an Alabama Pedestrian Accident" »

Our Alabama Personal Injury & Wrongful Death Attorneys wish each of you a safe and enjoyable Fourth of July. Please celebrate responsibly, don't drink and drive, and stay safe around water, whether it's in the pool or on the boat.

Summer is officially upon us, and many people will be out on the roads driving during the weekend, while others may enjoy boating on the state's many lakes or on the Gulf of Mexico. Some may choose to stay close to home and enjoy barbecues, swimming and personal fireworks.

Vehicle accidents: AAA estimates that about 39 million Americans will travel 50 miles or more from their home over the long weekend, USA Today reports. That's actually down from 40 million last year, and the national auto group attributes that to the nearly $1 increase in gas from this time last year.

But while there may be fewer people on the roads, 39 million people is a large number, and in Alabama, which has major thoroughfares connecting several states, the traffic is sure to be busy. And with more traffic brings more opportunities for accidents. Regardless of the type of accident or the circumstances, they can be tragic. Even minor injuries sustained in a vehicle accident can be frustrating and take weeks to heal.

More serious injuries, such as deep bruising and broken bones, can take months to settle. And then there are the most serious injuries, including brain injuries and damage to other internal organs, some of which never allow the victim to recover. These injuries can send people to hospitals and rehabilitation centers for months on end, cost them their careers or ability to work and significantly affect their quality of life.

Other accidents, sadly, involve fatalities. And there will likely be fatal accidents this Fourth of July holiday. In 2009 in Alabama, there were 848 traffic fatalities, according to the National Highway Traffic Safety Administration. That's down from 969 in 2008. In Tuscaloosa County, there were 36 in 2009, up from 34 in 2008.

Drunk driving accidents this holiday weekend are sure to happen as well. According to The Century Council, a non-profit group, there were 280 alcohol-impaired driving fatalities statewide in 2009, with 32 of them by drivers who were under 21.

Fireworks accidents: While many people, especially kids, love to set off fireworks around the Fourth of July, they can be dangerous. While it's best to go to a public area to watch fireworks displays, if you are determined to set them off in your backyard, pay close attention.

According to the Centers for Disease Control and Prevention, more than 7,000 people were treated for fireworks injuries in 2008 and seven people died. Nearly 60 percent of all injuries were to people younger than 20.

The CDC reported that fireworks accidents and defective fireworks caused 1,400 hand and finger injuries, 1,000 eye injuries and 900 leg injuries in a period from June 2007 to June 2008.

Swimming pool injuries: During the long holiday weekend and throughout the summer months, children will likely clamor to play in personal swimming pools, community swimming pools, lakes and beaches. But all can be dangerous.

It only takes a few seconds for a small child to drown and in Alabama, about 20 die each year, according to statistics from the Alabama Department of Public Health.

The National Safety Council is using the entire month of June to raise awareness of preventable injuries. They will be using June 19th through the 25th to raise awareness about the danger and the common occurrence of slips, trips and falls.

These accidents are among some of the top causes of unintentional personal injuries in Alabama and elsewhere. It has been reported that nearly 9 million people visit an emergency department each year because of these accidents.

Our Tuscaloosa personal injury lawyers would like to speak directly to those that are 55 and older as this is the age group that is most likely to be the victim of one of these falls. When a resident of this age experiences a fall, they are likely to suffer from a number of injuries that can hinder their ability to lead an independent and active life. Many times it is the fault of property owners for not properly caring for their facilities. These owners can be held responsible for damages in these instances. It is important to contact an attorney immediately if you experience a fall in a public area.

These falls, more specifically, affect those that are over the age of 64. This age group is the most likely to fall. They are 4 times more likely to die from a fall than any other age group.

The National Safety Council reports that roughly 25,000 people find themselves to be a victim of a slip and fall each day. These falls cost nearly $30 billion each year. More than half of lost workdays are caused from these types of accidents. The country witnesses nearly 100 million lost work days a year because of falls, according to Liberty Mutual. Nearly a quarter of all serious, injury-causing falls result in at least a month away from work. Restaurants are the most common place to experience an on-the-job slip or fall.

Our baby boomers continue to age. More than 6,000 adults turn 65 every day, putting more and more residents in that dangerous age range for slips and falls. By 2030, the total number of people over the age of 65 is expected to double.

It is important to remember that a lot of the slip and fall cases are the fault of property owners. Owners of businesses, hotels, malls, grocery stores and all other public facilities are required to keep their grounds free of potential dangers and hazards. In many cases, the owner or manager can be held responsible for not keeping their grounds up to par and for contributing to an individual's injury.

The Mayo Clinic offers these safety tips to all residents to help them prevent one of these serious, life-changing accidents:

-Keep up on your physical activity. Keep moving to help yourself increase strength, coordination, and flexibility.

-Wear proper shoes. Have your feet measured each time you purchase shoes. Try out some nonskid shoes. Avoid extra-thick soles.

-Speak with your doctor. Make sure your medications aren't affecting your balance, etc. Could your health conditions contribute to a fall?

-Remove hazards from your house. Move boxes, magazine racks and electrical cords. Secure all of your lose rugs or wooden floorboards. Clean spilled liquids immediately.

-Enhance the lighting in all rooms throughout your house.

-Try assistive devices, including handrails, grab bars for the tub or shower, nonslip treats for wood steps, a raised toilet seat and a hand held shower nozzle.

Huntsville police recently announced the kickoff of a new pedestrian awareness campaign, according to the Huntsville Times. And with good reason - pedestrian accidents continue to be a leading cause of serious and fatal injuries statewide and across the nation.

A new report by Transportation For America takes a look at all of the pedestrian accidents that have occurred nationwide in the last decade. During this time there were approximately 47,000 pedestrian deaths and roughly 688,000 pedestrian injuries that occurred on roadways across the U.S.

Now, Dangerous by Design 2011 will look at the pedestrian accidents in Alabama and elsewhere in the United States in an attempt to construct solutions to fix this deadly problem that is too often overlooked.

Our Alabama personal injury attorneys understand that one of the most beneficial ways to avoid these serious accidents is to examine and fix poor driving habits. Most of these accidents occur because of driver inattention.

Transportation For America offers a plethora of detailed data on their website, including interactive road maps that illustrate the areas that pedestrians have been injured and killed on the roads in your community. Through these maps you will be able to identify which streets are safer than others and which ones you should avoid altogether as a pedestrian.

According to this data, Alabama experienced nearly 700 pedestrian fatalities over the course of the decade. These fatal accidents cost the state nearly $3 billion. Our state was ranked 5th, out of all 50 states for having the safest roadways for pedestrians. While were proud to be ranked in the top 5, there are still a number of pedestrian's lives that could be saved if we improve our roadways and improve our driving skills. Overall, Alabama has a Pedestrian Danger Index (PDI) of 116.7. Asians were the most affected in these pedestrian accidents as they experienced nearly 3 deaths per population of 100,000 people. The older population was affected more than any other age group, more specifically those ages 60- to 65-years-old.

The most dangerous areas in Alabama:

metro area/pedestrian deaths

-Mobile, 138

-Birmingham-Hoover, 136

-Montgomery, 68

-Columbus, 67

-Huntsville, 67

Most of these deaths happened along arterial roads. It is these arterial roadways that are funded by the federal government. These streets are engineered specifically to accommodate speedy traffic and have few safety measures for on-foot travelers.

Here's the kicker. Congress is contemplating eliminating what safety funds currently exist. This would leave absolutely no funding for pedestrian safety. Currently the pedestrian funds make up less than 1.5 percent of the entire federal transportation outlay. Even after the release of this report, Congress still finds this to be too much to spend on the safety of our residents. The federal government continues to insist that these pedestrian safety features are the responsibility of local government. So the feds are angling to yank these funds from federal roads, which is where a majority of these accidents occur. Shouldn't the taxpayers have a say in where their tax dollars are spent?

Not in the eyes of the federal government. Their number one priority is the flow of speedy and efficient traffic on roadways across the nation.

Residents are urged to contact Congress in an attempt to persuade them to keep this important safety fund for our community roads.

Just a few hours after this Transportation For America report was released, Senator Tom Harkin of Iowa and eleven co-sponsors formally introduced the Complete Streets Act of 2011. This is an act that would require that streets to be safe and accessible for all users, including pedestrians, bicyclists and all other that use our areas sidewalks.

Businesses, communities and residents are urged to join the month-long celebration of National Safety Month. The National Safety Council aims to use this month to raise awareness about the top causes of preventable deaths and injuries in Alabama and elsewhere throughout the country.

The Council looks to educate residents about safe behaviors that can be practiced to help keep you and your loved ones safe this summer.

Our Alabama personal injury attorneys ask that all residents enjoy their summer vacation time safely. There are a number of ways to get injured during these hot summer months.

The National Safety Council will focus each week on the different leading causes of these unintentional injuries and deaths.

The schedule is as follows:

-Summertime Safety, June 1 to 4 - As summer is traditionally a time where we see an increased number of unintentional injuries and deaths, this time will be used to address these different causes and will focus on a variety of summer safety topics, including pool and spa drownings.

-Preventing Overexertion, June 5 to 11 - Overexertion is the 3rd leading cause of these unintentional injuries that are treated at hospitals. The most common cause of these injuries are strains and sprains, more commonly to the lower back.

-Teen Driving Safety, June 12 to 18 - Focusing on the driving skills of our teen drivers is critical in making our roadways safer. Every year, more than 5,500 people are killed in accidents that involve a teen driver, according to the National Highway Traffic Safety Administration.

-Preventing Slips, Trips and Falls, June 19 to 25 - Falls are one of the country's top causes of unintentional injuries that are treated in emergency hospital departments. People 55 and older are more prone to becoming victims of these dangerous falls.

-On the Road, Off the Phone, June 26 to 30 - Motor-vehicle accidents continue to be the country's number one cause of unintentional death. A major contributing factor to these accidents is distracted driving. The National Safety Council estimates that more than 20 percent of all motor-vehicle accidents involve the use of a cell phone use behind the wheel.

Unintentional injuries and deaths in the United States are at unbelievable levels, and this demonstrates the need for the observance of National Safety Month. Unintentional fatalities reached about 128,200 in 2009, the highest on record. This statistic is nearly 50 percent greater than the 1992 total of 86,777. It was during that year that our country experienced the lowest annual total since 1924. The total cost of these unintentional injuries and deaths is more than $693 billion nationally. Americans and their employers pick up the tab for these injuries - $5,900 per household.